Patna High Court

ANIL KUMAR SINGH @ ANIL PRASAD SINGHversusTHE STATE OF BIHAR

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SANDEEP KUMAR

Holding

The application is disposed of, granting the petitioners liberty to file a compromise petition in the trial court for verification and appropriate order.

Summary

The petitioners filed an application before the Patna High Court seeking to set aside an order dated 03.08.2019 of the Gopalganj Fast Track Court, which had rejected their petition under Section 227 read with Section 154(3) of the Code of Criminal Procedure. The petitioners submitted a supplementary affidavit stating that the parties had settled their dispute and wished to withdraw the proceedings. The counsel for Opposite Party No.2 claimed no instruction regarding any compromise and noted that two witnesses had already been examined after charge framing. The Court examined the submissions and, noting the parties' desire for settlement, declined to quash the lower court's order. Instead, the Court directed the petitioners to file a compromise petition in the trial court, which will then verify the compromise and pass an appropriate order.

Issues considered

Whether the order of the Fast Track Court rejecting the petition under Section 227 and Section 154(3) Cr.P.C. can be set aside.
Whether a compromise between the parties can be permitted at this stage of the criminal proceeding.

Legislation cited

Code of Criminal Procedure, 1973 — s. 154(3), 227

Subjects

compromise
criminal procedure
Section 227 Cr.P.C.
Section 154(3) Cr.P.C.
petition under Cr.P.C.
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77504 of 2019
                      Arising Out of PS. Case No.-170 Year-2015 Thana- MIRGANJ District- Gopalganj
                 ======================================================
           1.     ANIL KUMAR SINGH @ ANIL PRASAD SINGH Son of Late Prabhunath
                  Prasad Singh Resident of Village - Bankat, P.S.- Bhagwanpur Hatt, Distt.-
                  Siwan.
           2.    Chandrawati Devi @ Chandrawati Kuwar W/o Late Prabhunath Prasad
                 Singh Resident of Village - Bankat, P.S.- Bhagwanpur Hatt, Distt.- Siwan.
           3.    Durga Pandey @ Durga Paradey Son of Late Raja Pandey Resident of
                 Village - Bankat, P.S.- Bhagwanpur Hatt, Distt.- Siwan.
           4.    Ritesh @ Sanjeev Pandey @ Ritesh pandeay Son of Durga Pandey Resident
                 of Village - Bankat, P.S.- Bhagwanpur Hatt, Distt.- Siwan.
           5.    Shilpee @ Shilpee Kumari D/o Durga Pandey Resident of Village - Bankat,
                 P.S.- Bhagwanpur Hatt, Distt.- Siwan.
           6.    Putul Kumari @ Patul D/o Durga Pandey Resident of Village - Bankat, P.S.-
                 Bhagwanpur Hatt, Distt.- Siwan.
           7.    Bibha Kumari D/o Durga Pandey Resident of Village - Bankat, P.S.-
                 Bhagwanpur Hatt, Distt.- Siwan.
           8.    Pushpa Devi W/o Dilip singh Resident of Village - Badheya Chhitlia, P.S.-
                 Ekma, Distt.- Saran.

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    THE STATE OF BIHAR
           2.    Putul Devi Wife of Anil singh @ Anil Kumar Singh Resident of Village -
                 Panchfera, P.S.- Mirganj, Distt.- Gopalganj.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Raghav Prasad, Advocate
                 For the State            :        Mr.Sanjay Kumar Singh, APP
                 For the O.P. No. 2       :        Mr. Ranjeet Pandey, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

8   19-01-2026                      Heard learned counsel for the petitioners, learned

                   counsel for O.P. No. 2 and learned counsel for the State.

                                 2. This application has been filed on behalf of the

                   petitioners for setting aside/quashing the order                            dated
              Patna High Court CR. MISC. No.77504 of 2019(8) dt.19-01-2026
                                                          2/2




                        03.08.2019 passed by learned F.T.C.-II Gopalganj in S. Tr. No.

                        622/16 arising out of Mirganj Police Case No. 170/15 by which

                        the court below has rejected the petition filed by the petitioners

                        under Section 227 Cr.P.C. read with Section 154(3) of Cr.P.C.

                                     3. Learned counsel for the petitioners has filed

                        supplementary affidavit saying that the parties have settled their

                        dispute and they don’t want to proceed further.

                                     4. Mr. Ranjeet Pandey, learned counsel for O.P. No. 2

                        has submitted that he has no instruction about the compromise.

                        Learned counsel further submits that after framing of charge,

                        two witnesses have been examined.

                                     5. In these circumstances, this application stands

                        disposed of with liberty to the petitioners to press their

                        compromise petition in the concerned court below and the

                        learned court below will verify the compromise petition and

                        pass an appropriate order in accordance with law.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T

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